§ 1131. Criminal penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Employee Retirement Income Security Act of 1974

   Pub. L. 93–406 title I § 501 · 88 Stat. 829

   Enacted · 29 U.S.C. § 1131

   Pub. L. 93–406, title I, § 501, Sept. 2, 1974, 88 Stat. 891

   Source evidence

   Code source credit
   Pub. L. 93–406, title I, § 501, Sept. 2, 1974, 88 Stat. 891

   Enacted provision · exact public law section
   Sec. 501. criminal penalties Any person who willfully violates any provision of part 1 29 USC 1131. Ante, p. 840. of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.

2. 2002

   Sarbanes-Oxley Act of 2002

   Pub. L. 107–204 title IX § 904 · 116 Stat. 745

   1. Substituted · 29 U.S.C. § 1131

      Pub. L. 107–204 substituted “$100,000” for “$5,000”

   2. Substituted · 29 U.S.C. § 1131

      Pub. L. 107–204 substituted “10 years” for “one year”

   3. Substituted · 29 U.S.C. § 1131

      Pub. L. 107–204 substituted “$500,000” for “$100,000”

   Source evidence

   Code amendment note
   Pub. L. 107–204 substituted “$100,000” for “$5,000”, “10 years” for “one year”, and “$500,000” for “$100,000”.

   Enacted provision · exact public law section
   SEC. 904. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended— (1) by striking “$5,000” and inserting “$100,000”; (2) by striking “one year” and inserting “10 years”; and (3) by striking “$100,000” and inserting “$500,000”.

3. 2010

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 title VI § 6601(b) · 124 Stat. 119

   1. Amended · 29 U.S.C. § 1131

      Pub. L. 111–148 designated existing provisions as subsec. (a)

   2. Added · 29 U.S.C. § 1131

      Pub. L. 111–148 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 111–148 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Criminal Penalties.— Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended— (1) by inserting “(a)” before “Any person”; and (2) by adding at the end the following: “(b) Any person that violates section 519 shall upon conviction be imprisoned not more than 10 years or fined under title 18, United States Code, or both.” .

6 of 6 references resolved to an enrolled provision